SENATE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

 

May 28, 2003                                                                                                   Hearing Room HR B

8:00 AM                                                                                                                      Tapes  75 - 77

 

MEMBERS PRESENT:         Sen. Frank Shields, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Tony Corcoran

Sen. Bill Fisher

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:           HB 2473A – Public Hearing

HB 3094A – Public Hearing and Work Session

HB 3013 – Public Hearing

HB 2754 – Public Hearing and Work Session

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 75, A

005

Chair Shields

Calls the meeting to order at 8:10 a.m.  Opens public hearing on HB 2473A.

HB 2473A – PUBLIC HEARING

010

Rep. Tom Butler

District 60.  Testifies in support of HB 2473A, which repeals sunset of State Department of Fish and Wildlife’s aquaculture products purchasing program.  Discusses –A2 amendments dated 5-13-03 (EXHIBIT A).  Submits written materials (EXHIBITS B, C).

075

Chair Shields

Asks about change to sunset provision in amendments.

080

Rep. Butler

Explains and reviews sunset provision.  Discusses potential lawsuits.

100

Sen. Fisher

Asks about –A2 not covering all issues, and need for additional amendments.

105

Rep. Butler

Responds and explains concerns over the ten percent purchase and potential hatchery closure.

130

Sen. Corcoran

Asks how private providers can raise fish less expensively than government agency.

135

Rep. Butler

Discusses economics of private hatcheries.

140

Sen. Fisher

Asks about proposed amendment.

145

Rep. Butler

Explains the ten percent limit is being addressed in another amendment.

160

Chair Shields

Closes public hearing on HB 2473A.  Opens public hearing on HB 3094A.

HB 3094A – PUBLIC HEARING

175

Rep. Betsy Johnson

District 31.  Testifies in support of HB 3094A, which allows State Fish and Wildlife Commission to establish pilot program for sale of fish at locations away from vessels participating in nontreaty Columbia River fisheries. 

200

Sen. Joan Dukes

District 16.  Testifies in support of HB 3094A.  Discusses assistance to fishermen in difficult economic times. 

225

Jon Westerholm

Columbia River Fishermen’s Protective Union.  Testifies in support of HB 3094A.  Submits written testimony (EXHIBIT D).  Discusses pricing of fish caught in the Columbia River.  Describes similar legislation in process in Washington State.

280

Sen. Beyer

Asks about what species are covered.

285

Westerholm

Responds it covers all fish caught in Columbia.

290

Sen. Beyer

Asks how the catches will be tracked.

295

Rep. Johnson

Advises Oregon Department of Fish and Wildlife (ODFW) is prepared to draft rules immediately.

325

Roy Elicker

ODFW.  Testifies in support of HB 3094A.

340

Kay Brown

ODFW.  Testifies in support of HB 3094A.  Submits written testimony (EXHIBIT E).  Explains support is partly because it is a pilot program.

360

Sen. Beyer

Asks about compliance with Department of Agriculture (DOA) rules regarding food handling and sales.

370

Elicker

Explains the DOA rules will apply.

385

Chair Shields

Asks about requirements for food handling.

390

Elicker

Responds the DOA will assist ODFW in rulemaking.

400

Chair Shields

Closes public hearing on HB 3094A. Opens work session on HB 3094A.

HB 3094A – WORK SESSION

405

Judith Callens

Committee Administrator.  Discusses fiscal and revenue impacts.

410

Sen. Beyer

MOTION:  Moves HB 3094A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0

AYE:            In a roll call vote, all members present vote Aye.

415

Chair Shields

The motion CARRIES.

SEN. DUKES will lead discussion on the floor.

TAPE 76, A

010

Chair Shields

Closes work session on HB 3094A.  Opens public hearing on HB 3013.

HB 3013 – PUBLIC HEARING

015

Rep. Johnson

District 31.  Testifies in opposition to HB 3013, which authorizes issuance of permit for mining from resource site not included in inventory in acknowledged comprehensive plan.  Discusses statewide planning Goal 5, regarding surface mining.  Asserts mining is necessary but destructive.


 

060

Chair Shields

Discusses issue of significant mining sites, and asks if compromise is possible.

070

Rep. Johnson

Recommends amendment to put sideboards on activities covered by HB 3013.  Expresses concern about Columbia County, where gravel is plentiful and negative impact on local residents has been ignored.  Offers to work toward compromise.

095

Chair Shields

Reviews some concerns to be addressed by amendments.

105

Rep. Johnson

Describes appropriate sites between significant and automatic conditional use permit.  Submits written testimony (EXHIBIT F).

125

Cliff Kenagy

Farmer, Benton County.  Testifies in opposition to HB 3013.  Submits written testimony (EXHIBIT G).

135

Bruce Chapin

Oregon Farm Bureau Federation Aggregate Committee.  Testifies in opposition to HB 3013.  Submits written testimony (EXHIBIT H).  Discusses Goal 5 requirements.

225

Art Schlack

Association of Oregon Counties (AOC).  Testifies in support of HB 3013.  Submits written testimony (EXHIBIT I).  Discusses process of locating quarries.

270

Chair Shields

Asks about balance between small sites which cannot afford to go through the Goal 5 process and other potential approaches.

280

Schlack

Acknowledges there are other possibilities.

285

Chair Shields

Asks about alternatives and compromise.

295

Schlack

Discusses history of permitting process and possibilities.

310

Doug Tindall

State Maintenance Engineer, Oregon Department of Transportation (ODOT).  Submits written testimony (EXHIBIT J).  Describes ODOT processes for operation of small sites for road-building.  Explains some pits do not qualify for conditional use permits, which makes permitting more complicated and expensive.

370

Chair Shields

Asks for clarification and alternatives.

380

Tindall

Defers to land use experts at Department of Land Conservation and Development (DLCD) for suggesting language.

395

Chair Shields

Asks about work group discussions on compromise.

TAPE 75, B

005

Tindall

Explains some sites are used, then not used so permit lapses, and then re-permitted, so need language to cover that actuality.  Expresses concern that companies will not invest in producing aggregate to fulfill road-building contracts.

025

Liz Frenkel

League of Women Voters.  Testifies in opposition to HB 3013.  Discusses alternatives and expresses concern over agricultural rights.  Submits written testimony (EXHIBIT K).

075

Frank Parisi

Attorney.  Testifies in support of HB 3013.  Discusses alternative language to reach the goal for changing conditional use permit process.  Describes isolated markets and areas with unusual geology which need access to the conditional use permit process.


130

Mike Crennen

Roseburg Paving, Beaver State Sand and Gravel.  Testifies in support of HB 3013.  Discusses attempts to excavate a Douglas County site with a conditional use permit.  Explains the Goal 5 rules are incomplete and are focused only on the Willamette Valley.

235

Rich Angstrom

President, Oregon Concrete and Aggregate Producers Association (OCAPA).  Testifies in support of HB 3013.  Submits written testimony (EXHIBIT L).  Discusses rights of landowners to exploit mineral resources on their property.  Asserts the conditional use process is far less costly and lengthy than the Goal 5 process.  Describes 1996 agreement between farm bureau and aggregate producers (EXHIBIT M).  Offers to work during the interim on specific compromise.

400

Chair Shields

Asks whether the measure puts back the system in place before the Beaver Creek case, or does more.

405

Angstrom

Discusses other possible language to reach a compromise.  Discusses review by OCAPA membership for possible collateral effects and intent for a return to status quo.

TAPE 76, B

020

Chair Shields

Comments on importance of aggregate to state building projects.  Asks about effect of proposed amendments on aggregate industry.

040

Angstrom

Responds and offers to enter into discussions.  Discusses increased costs to transportation and building projects without some change.

085

Gary Lynch

Assistant Director, Department of Geology and Mineral Industries (DOGAMI).  Explains Goal 5 process is effective, but expensive and cumbersome.  Recommends some type of conditional use process for small sites.  Pledges support to interim discussions.

115

Bob Rindy

DLCD.  Testifies in support of HB 3013.  Submits written testimony (EXHIBIT N).  Offers support for interim discussions.  Explains the measure is intended to return the system to the status quo.  Acknowledges potential effects outside the intent.

155

Chair Shields

Clarifies the measure does not exactly restore the status quo and further discussions are needed.

165

Rindy

Confirms.  Communicates agreement from Governor’s office to work on amendments.

200

Carrie MacLaren

1000 Friends of Oregon.  Testifies in opposition to HB 3013.  Discusses Beaver State case decision and requirement for inventory on significant sites.  Describes importance of agriculture industry.  Refers to amendments in process.  Offers to work toward better balance in statute and to participate in discussions. 

265

Don Schellenberg

Oregon Farm Bureau.  Discusses conditional use process and Goal 5 process.  Offers to work toward compromise:

·         Maintain inventory requirement but add language to provide for non-significant sites and grandfather in sites already in existence

·         Allow mining on farmland under certain circumstances

·         Allow small parcel exemption for mining permit

·         Add sunset provision to allow further discussion


 

330

Chair Shields

Asks whether all the proposed amendments are necessary to return to the status quo.

335

Schellenberg

Responds probably not.

340

Chair Shields

Comments the Governor’s office wants a week to work on amendments.  Recommends finding a compromise measure and continuing discussions during the interim.

380

Sen. Fisher

Asks about conducting an inventory at the county level.

TAPE 77, A

005

Schellenberg

Explains the county should be doing an inventory under Goal 5.

010

Sen. Fisher

Asks how to get small parcels on some type of inventory.

015

Schellenberg

Recommends a case by case basis.  Describes how an owner brings a parcel to county’s attention and asks for parcel to be put on inventory, which might be mined right away or later.

The following prepared testimony is submitted for the record without public testimony for HB 3013:

 

Mark Tipperman

Submits written testimony (EXHIBIT O).

020

Chair Shields

Closes public hearing on HB 3013.  Reopens public hearing on HB 2473A.

HB 2473A – PUBLIC HEARING

025

Chair Shields

Advises amendments are not ready.

030

Joe Rohleder

Representing Desert Springs Trout Farm.  Testifies in support of HB 2473A.  Discusses amendments proposed after the measure passed the house, in connection with proposed –A2 amendments (EXHIBIT A).

080

Tom MacDonald

Desert Springs Trout Farm.  Testifies in support of HB 2473A.  Submits photographs and letter from Steve Koch (EXHIBITS P, Q).  Discusses trout-raising operation.

110

Chair Shields

Asks about Diamond Lake tui chub problem.

115

MacDonald

Advises a larger trout can eat the chub.

120

Chair Shields

Asks about cost of stocking larger fish versus poisoning the chub.

125

MacDonald

Responds about $100,000 to $150,000 per year.  Continues the warmer water in his area causes the fish to grow much faster.

140

Chair Shields

Advises amendments are coming,  Closes public hearing on HB 2473A.  Opens public hearing on HB 2754.

HB 2754 – PUBLIC HEARING

150

Judith Callens

Committee Administrator.  Presents overview of HB 2754, which allows soil and water conservation district to acquire conservation easement and highway scenic preservation easement.

165

John McDonald

Oregon Association of Conservation Districts; Tualatin Soil and Water Conservation District.  Testifies in support of HB 2754.  Submits written testimony (EXHIBIT R).

180

Chair Shields

Closes public hearing on HB 2754.  Opens work session on HB 2754.


 

HB 2754 – WORK SESSION

185

Sen. Beyer

MOTION:  Moves HB 2754 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0

AYE:            In a roll call vote, all members present vote Aye.

190

Chair Shields

The motion CARRIES.

SEN. BEYER will lead discussion on the floor.

195

Chair Shields

Closes work session on HB 2754.  Adjourns the meeting at 10:15 a.m.

 

EXHIBIT SUMMARY

 

A – HB 2473A, -A2 amendment (5-13-03), staff, 2 pp

B – HB 2473A, written testimony, Rep. Tom Butler, 1 p

C – HB 2473A, written testimony, Rep. Tom Butler, 16 pp

D – HB 3094A, written testimony, Jon Westerholm, 1 p

E – HB 3094A, written testimony, Kay Brown, 1 p

F – HB 3013, written testimony, Rep. Betsy Johnson, 2 pp

G – HB 3013, written testimony, Clif Kenagy, 1 p

H – HB 3013, written testimony, Bruce Chapin, 8 pp

I – HB 3013, written testimony, Art Schlack, 1 p

J – HB 3013, written testimony, Doug Tindall, 1 p

K – HB 3013, written testimony, Liz Frenkel, 1 p

L – HB 3013, written testimony, Rich Angstrom, 2 pp

M – HB 3013, written agreement, Rich Angstrom, 3 pp

N – HB 3013, written testimony, Bob Rindy, 1 p

O – HB 3013, written testimony, Mark Tipperman, 2 pp

P – HB 2473A, photographs, Tom MacDonald, 3 pp

Q – HB 2473A, letter from Steve Koch, Tom MacDonald, 1 p

R – HB 2754, written testimony, John McDonald, 4 pp